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TO: <br />FROM: <br />DATE: <br />SUBJECT: <br />Chair Smith and Orono Planning Commission Members <br />Ron Mooise, City Administrator <br />Paul Weinberger, Zoning Administrator/Planner <br />July 12,2002 <br />^2668 Manley Brothers Construction <br />1973 Fagemess Point Road <br />After the Fact Variances and Conditional Use Permit <br />Zoning District:LR-IC One Family Lakeshore Residential District (1/2 acre) <br />Applicant has requested an after the fact conditional use permit and variances to permit construction <br />of two retaining walls within 75’ of the lakeshore. The retaining walls were constructed to help <br />stabilize the lakeside of the residence and create an improved walkout. The applicant has indicated <br />the retaining walls were replacement walls. <br />Since the original application a new set of owners have removed the retaining walls and have <br />requested new walls be constructed on the property. <br />A recent site inspection has indicated a few zoning violations that need to be resolved prior to review <br />of this application. The property ow ners have removed between 2' and 4' of fill from the lakeside <br />of the residence. A new lakeside deck has recently been constructed w ithout a permit, and a shed <br />has been located on the property without a permit. Staff is going to require those zoning violations <br />be resolved prior to review of this application. <br />Staff Recommendation <br />To table the conditional use pennit and variance request to determine what other applications may <br />be required for the new walls. <br />Stafl'is not prepared to make conclusions on the walls until a final review of other after-the-fact <br />permits can be completed.